June 18, 2013 Minutes

These minutes were posted by the Selectmen.

TOWN OF PITTSFIELD
BOARD OF SELECTMEN
TOWN HALL, 85 MAIN STREET
PITTSFIELD, NH 03263
_____________________________________________________________

MEETING MINUTES OF TUESDAY, JUNE 18, 2013

CALL TO ORDER

Call to order at 6:00 P.M. by Larry Konopka, Chairman

MEMBERS PRESENT

Larry Konopka (LK), Chairman, Eric Nilsson (EN), Vice-Chairman,
Linda Small (LS), Gerard LeDuc (GL), Albert Douglas (AD), Paul
Skowron (PS), Town Administrator, and Delores Fritz, Recording Secretary.

MEMBERS ABSENT

None.

APPOINTMENTS

6:00 P.M.: Minnie Plante – Pool Personnel

Minnie Plante: I know the Board likes to meet with the new pool personnel each year. She introduced the four individuals and noted that Red Cross qualified swimming lessons will be available this year. There is one other life guard that was not available tonight because of work commitments.

Minnie Plante: The dredging has been completed and LGC will be inspecting it on Thursday. The diving board will be back set at about 13-14 ft.

(LK) Welcome back to you all. Minnie Plante: It seems a waste of money to do a criminal background check each year on me. I thought this was only for “incoming people.” I thought that this was a something the Board decided should happen and is not a State law. (PS) to check on this and get back to her.

PUBLIC INPUT

Fred Hast: I would like to see the total costs incurred for the Special Town Meeting – legal fees, printing, everything. Town’s legal budget is maxed out and we are only about half way into the year.

Fred Hast: What is this meeting with the Barnstead Selectmen? (PS) This is a meeting that has been requested by Barnstead to have a preliminary discussion about combining services. Fred Hast: Under Old Business No. 3, you noted there is an E-Mail from Attorney Mayer – can the public get a copy of that. (PS) I will provide you with a copy of this.

Close Public Input

APPOINTMENTS Continued

6:03 P.M.: Steve Aubertin – Abatement Denial

Steve Aubertin: I am here because my appeal was denied on 14 Depot Street by the Board of Tax and Land Appeals and they suggested sitting down with you to discuss. I do not understand the rationale as to how a .11 acre parcel can be assessed at $50,000. He offered an explanation that he did not understand the rationale as expressed by the Avitar Assessing. There rationale is that the property is three times larger than the comparison property – both have a “hole in the ground,” both have a fence and both are non-conforming lots with non-conforming uses. My question is why is one worth ten times more than the other when both are in the same Urban Zone?

(PS) I am taking your question rhetorically. The Board of Selectmen delegates these matters to the Assessors. Steve Aubertin: Is there a representative from Avitar here? (PS) No, because you asked to meet with the Board of Selectmen.
Steve Aubertin: If I am meeting with the wrong people then I would like to reschedule this. (PS) will contact Avitar to set up a meeting with Mr. Aubertin. It was noted that the Board of Selectmen hire the Assessors to represent them in these situations.

Steve Aubertin left meeting at 6:15 P.M.

6:05 P.M.: Scott Bourcher, P.E./Safe Routes to School Progress Report

Scott Bourcher, Project Manager and Sr. Resident Engineer, DuBois & King, Inc. was present to provide a project status report. He related that the project was going well until about April at which time NHDOT expressed concerns that the Engineering Study fee would exceed the budget for Preliminary Engineering. At this time NHDOT requested a proposal from the Town for dealing with the financial shortfall. After NHDOT rejected a memo addressing NHDOT;s request as well as a conference call, DuBois & King filed a request for additional funds from NHDOT which is currently still under consideration. He noted that with this delay, in all probability the suggested deadline of February 2014 will not be met. Everything is now in a holding pattern until communication from NHDOT.

(LS) If we are over budget, how will the Town pay for this? Mr. Bourcher: Everything will be scaled back significantly. (PS) The Grant to the Town will not be disqualified. Mr. Bourcher noted that he has no idea as to when NHDOT will make a decision on this.

Fred Hast POINT OF ORDER: Is this the same $300,000 Grant for sidewalks? It was supposed to be done within one year. (LS) We are working with the State’s timetables.

Scott Bourcher left meeting at 6:27 P.M.

PUBLIC HEARING

6:10 P.M.: Public Hearing: Acceptance of Gift from Pittsfield Fire Fighters Association. (6:28 P.M.)

Selectman Small read the Public Hearing Notice into the Minutes (See attached.)

Public Input

(PS) Just to refresh everyone’s memory, Chief Abell has an up-to-date list of the safety equipment they would like to donate to the Town.

Chief Abell: The Pittsfield Firefighter Association applied to the Sanderson Fund for safety equipment and they would now like to donate this equipment to the Town.

Close Public Input (6:30 P.M.)

(EN) Motion to accept the gift of safety equipment for the Fire Department from the Pittsfield Firefighter Association valued at $6,654.90. (LS) Second.
Carried 5-0.

NON-PUBLIC SESSION

(EN) Motion to go into Non-Public Session per RSA 91-A:3 II (a). (AD) Second. Carried 5-0. Individual members of the Board were polled and all agreed.

Board went into Non-Public Session at 6:32 P.M.

Board returned to Public Session at 6:50 P.M.

(EN) Motion to seal Non-Public Session of June 18, 2013. (GL) Second.
Carried 5-0.

Break: 7:51 P.M. Resume: 7:55 P.M.

AGENDA REVIEW

(LS) Expenditure to Date; (LK) Budget, HSA Info, Non-Public – Employee.

NEW BUSINESS
ACTION ITEMS

1. Pittsfield Middle High School Baseball Team State Champions

(PS) We all know that the Pittsfield Middle/High School, Division IV are the State Champions. A Certificate of Commendation has been prepared to allow Board members to sign and will be mounted on a plaque to be presented at the Sports Banquet on Friday night (June 21st). It is suggested that a member of the Board appear to present this commendation. (EN) volunteered to be present. (PS) to advise Sports Director.

2. Application for Hawkers and Peddlers License

(PS) This application is for Bill Brown of Brown Dogs Grill for a hot dog trailer in Maxfield’s parking lot and has been approved by Police Chief as well as having a State approved License and Department of Health Food Service License.

(EN) Motion to approve Hawkers & Peddlers License for William Brown, Brown Dogs Grill LLC at Maxfield’s Hardware parking lot. (AD) Second. Carried 5-0.

3. Petition for Pole License

(PS) This has been approved by George Bachelder.

(GL) Motion to approve Petition for Police License, PSNH, No. 41-0445.
(LS) Second. Carried 5-0.

4. Request to Reconstitute the Trails Committee

(PS) We have a letter from Ted Mitchell regarding Pittsfield Trails Committee who is here tonight to discuss with the Board.

Ted Mitchell: The Town is always talking about the trails. In 1999, a 125 page report was done in collaboration with DES, CNHRPC and the then Trails Committee. I would like to start up this committee again. The first segment of the trails to be created will be from the new ball fields on Tilton Hill Road down to about 67 Tilton Hill Road. This would keep the kids off the roads in that area for now. There will be other segments and other trails later.

(LS) EDC has talked about this. Thank you, Ted, for taking the initiative in starting this back-up.

Ted Mitchell: There is a proposed Agreement originated from what Concord uses and we have modified it to be used in Pittsfield which will be between the property owners and the Town. (LK) Have you discussed this with the Police Chief?
Ted Mitchell: Not yet but I have addressed it with George Bachelder and he would like to be on this committee.

(LK) You are just asking for permission to start up the committee? Ted Mitchell: Yes. (PS) Do you want to send the proposed Agreement to Town Counsel for review? Ted Mitchell: Yes, but also forward Concord’s Agreement. EDC believes that all these things are interconnected and all these little things will attract people to Pittsfield.

(LS) Motion to reconstitute the Trails Committee. (EN) Second. Carried 5-0.

APPOINTMENTS – Continued

7:15 P.M.: Carole Dodge – ZBA

Carole Dodge: Before I begin, I would like to ask that Selectmen Nilsson recuse himself.
Selectman Nilsson recused himself and was seated in the audience (7:10 P.M.)

Carole Dodge: My concerns come to this Board regarding issues going on due to chain of command not being followed. She explained to Board the results of a Zoning Board meeting which occurred on June 13th of a continued hearing for a Special Exception. (See attached.) Because of what transpired during the course of the meeting and Selectman Nilsson’s attitude towards the situation, she felt that he was unprofessional with no provocation. What can be done about this? I have some thoughts in my mind and I would like the Board to deal with this issue. I am quite upset about it and there really was no reason.

(GL) Were both the Building Inspector and the Deputy Building Inspector at the meeting? Carole Dodge: Yes. (GL) They both should not have been at the meeting.

(LK) Would you be willing to sit down with Town Administrator, Selectman Nilsson and yourself and try to work this out? All parties agreed that this would be agreeable. (PS) to schedule to try to facilitate an amicable agreement on this matter.

Selectman Nilsson returned and was seated on the Board at 7:22 P.M.

NEW BUSINESS – ACTION ITEMS – Continued

5. Economic Development Committee/Expenditure Approval

(PS) Ted Mitchell, Chair of the EDC, has requested via a letter to Board, funds to create an article for the New England Real Estate Journal concerning the Charrette area. (See attached.) The cost would be $875 from the EDC budget in advance in lieu of soliciting donations to offset the costs.

(LK) I cannot support this right now. I would rather see us working on the Obstructing Streets and Sidewalks Ordinance. (LS) One has nothing to do with the other.

(LS) Motion to authorize EDC to spend funds to cover cost of article ($875) for now and to solicit donations to offset this cost. (AD) Second. Vote: 2-3 (EN, GL, and LK). Motion fails.

6. Transfer from the General Fund to the Ambulance Fund in the Amount of $611.64

(EN) Motion to approve transfer from the General Fund to the Ambulance Fund in the amount of $611.64. (GL) Second. Carried 5-0.

7. Transfer from Citizens Thompson Road Escrow to the General Fund in the Amount of $646

(GL) Motion to approve transfer from Citizen’s Thompson Road Escrow to the General Fund in the amount of $646. (EN) Second.

Discussion: (AD) noted that based on his calculations the amount should be different.

(GL) Withdraw Motion. (EN) Withdraw Second.

(GL) Motion to table this matter until a future meeting. (EN) Second.
Carried 5-0.

8. Board of Selectmen Action on Assessor’s Recommendations

(EN) Motion to deny abatement for Tax Map R26, Lot 3 (Christopher Treat) per Assessor recommendation. (GL) Second. Carried 5-0.

(LS) Motion to deny abatement for Tax Map R22, Lot 3 (Richard Hunsberger) per Assessor recommendation. (GL) Second. Carried 5-0.

9. Impact on Overtime on 2013 Budget

(LK) I have some concerns on different line items in the Budget and would like to send out a Memo to all Department Heads which is not just due to overtime for other items also. (See attached.) (LS) The amount spent as of the end of May indicates that we should have 58% left.

(LS) I agree with Fred Hast, wehave spent $24,000 for legal fees. We cannot afford this. We need a buffer for Union negotiations.

(EN) Motion to approve and distribute Memo (with correction) to all Department Heads regarding Budget. (GL) Second. Carried 5-0.

(PS) read into Minutes the contents of the Memo.
10. Discussion of Adopting Official Ballot Town Meeting Option (Requested by Selectman Nilsson)

(EN) I had wanted to get the Board’s feelings regarding SB2. Though several members of the Board did not approve of SB2, it is noted that (EN) should do further research to present to Board. (GL) noted that if SB2 is approved, it would have to include the School and the Town. (EN) to do.

11. Discussion of Meeting Schedule for July and August (Including meeting with Barnstead Board of Selectmen)

Board agreed to meet July 2, 2013
Board meets in Barnstead July 16, 2013
Board meets on July 23, 2013
Board meets on August 6, 2013
Board meets on August 20, 2013

12. Cheticamp/Revised Covenant

(LS) Motion to approve Cheticamp Covenant as revised. (EN) Second.
Carried 5-0.

13. Committee to Investigate Purchase of Pittsfield Aqueduct Company

(PS) We have advertised for membership for this committee and four individuals have responded.

(EN) Motion to approve Fred Okrent for Purchase of Pittsfield Aqueduct Committee. (GL) Second. Carried 4-1 (LS) Abstain.

(EN) Motion to approve William Elkins for Purchase of Pittsfield Aqueduct Committee. (GL) Second. Carried 5-0.

(EN) Motion to approve Ralph Odell for Purchase of Pittsfield Aqueduct Committee. (GL) Second. Carried 5-0.

(EN) Motion to approve John “Bill” Miskoe for Purchase of Pittsfield Aqueduct Committee. (GL) Second. Carried 5-0.

(EN) Motion to approve Gerard LeDuc for Purchase of Pittsfield Aqueduct Committee. (LK) Second. Carried 5-0.

(EN) Motion to approve Albert Douglas as Alternate for Purchase of Pittsfield Aqueduct Committee. (GL) Second. Carried 5-0.

14. Discussion Re: Procedure to Retain Full-Time Fire Chief

(PS) As a result of the Special Town Meeting, how does the Board want to handle advertising for this position? (EN) We first need an accurate Job Description. (LK) We need to wait until we get the Job Description done and then address on the July 2nd Agenda. We can request input from Acting Fire Chief Nick Abell.

15. Library Architect Bids

Board opened sealed bids for architectural services to renovate the Josiah Carpenter Library.

1. Samyn-D’Elia Architects $ 6,125.
2. JRT-AIA Architect 10,600.
3. Warrenstreet Architects, Inc. 89,700.
4. Tennant/Wallace Architects* 9,700

(EN) I would like to review these along with Jesse Pacheco, Building Inspector.

(PS) *Tennant/Wallace Architects – Peter Tennant is the individual that came to the May 7, 2013 Board meeting to inform Board of the proposed renovations and provided suggestions to advertise for appropriate architects. He noted at the time of his appearance that the services required would range in the area of $9,700.

(AD) noted that to be considered as a bid, Tennant/Wallace Architects should have submitted a “formal” bid that Board could review. (LK) requested (PS) check as to whether his appearance and information presented could be considered as a viable bid. (PS) to do.

Because of the safety issues involved, it was agreed that Acting Chief Nick Abell be involved in the review of the architects that bid.

OLD BUSINESS

1. Policy for Recruitment and Employment – Revised Pending
2. Policy for Employee Total Compensation Draft information will be coming soon.
3. Amendment to the Obstructing Streets and Sidewalks Ordinance
(E-Mail from Attorney Mayer)

(LK) It is costing the business owners to display “stuff” on sidewalks – we do not have to do that. (PS) Town would have to accept the responsibility. (LK) What we do for one we should do for all businesses. (EN) If something happens, the taxpayers end up paying for it. I would like to protect the Town and the taxpayer. (LK) We would not approve anything that is a safety issue. Where do you draw the line? (LS) I would like to see the written review of the Ordinance. (PS) Will have Attorney Mayer send review. (LS) This Ordinance was recommended by Police Chief. (LK) According to our legal counsel, the Ordinance is not that bad. The insurance is hurting the Ordinance.

4. Housing Standards Administrator/Inspector

(LK) A landlord came up to me to express praise for Fred Okrent regarding a recent inspection. He complimented Fred’s HSA inspection noting that he was knowledgeable and professional.

INFORMATION ITEMS

1. Report from Selectmen’s Representative to the Planning Board

(EN) We had a pretty decent meeting though I left meeting when they discussed the BOS’s involvement.

2. Report from Selectmen’s Representative to the Suncook Valley Regional Town Association

(GL) Next meeting is June 26th.

APPLICATIONS and WARRANTS

1. Civil Forfeiture Warrant for Unlicensed Dogs

(EN) Motion to authorize Civil Forfeiture Warrant for Unlicensed Dogs and authorize Chair to sign. (LS) Second. Carried 5-0.

2. Intent to Cut Tax Map R37, Lot 9

(EN) Motion to approve Intent to Cut Tax Map R37, Lot 9. (LS) Second. Carried 5-0.

3. Intent to Cut Tax Map R13, Lot 5A and 5B

(EN) Motion to approve Intent to Cut Tax Map R13, Lots 5A and 5B.
(AD) Second. Carried 5-0.

CHECKS and MANIFESTS

(EN) Motion to approve Accounts Payable and Checks Register.
(GL) Second. Carried 5-0.

(EN) Motion to approve Payroll and Direct Deposit. (GL) Second.
Carried 4-0. (LS) Abstain.

Discussion: (LS) There is extra overtime hours and for that reason I will not be voting on this. (GL) I agree with Linda but I will vote on it.

MINUTES

1. Public Session Minutes of June 5, 2013

(EN) Motion to approve Public Session Minutes of June 5, 2013.
(GL) Second. Carried 4-0. (LK) Abstain.

2. Public Session Minutes of May 28, 2013

(EN) Motion to approve Public Session Minutes of May 28, 2013 with correction. (GL) Second. Carried 5-0.

Correction:

Page 5, Paragraph 2, Line 2 should read: (LK) There is not a three-year term on the position.

3. Non-Public Session of May 21, 2013

(EN) Motion to approve Non-Public Session of May 21, 2013.
(GL) Second. Carried 5-0.

4. Non-Public Session of May 28, 2013

(GL) Motion to approve Non-Public Session of May 28, 2013.
(EN) Second. Carried 5-0.
PUBLIC INPUT

Gary Mullins: Just to advise you that the School was awarded School Board of the Year award. (LK) Congratulations to the School.

Adam Gauthier: On May 28th, Police Chief put an article in the paper regarding the break-ins from November 2012 to May 2013 which includes quite a few break-ins in the area of Loudon Road to Ingalls Road. It should have been a bigger article and not just two short sentences. (PS) After your input last time, I
E-Mailed the Chief and he did offer an explanation as to why he placed that kind of article. I will check into it and let you know.

Bill Elkins: HSA had an appeal hearing yesterday and it went quite well.

Close Public Input

NON-PUBLIC SESSION

(GL) Motion to go into Non-Public Session per RSA 91-A: 3 II (a). (EN) Second. Carried 5-0. Individual members of the Board were polled and all agreed.

Board went into Non-Public Session at 8:50 P.M.

Break: 8:51 P.M. Resume in Non-Public Session: 8:54 P.M.

Board returned to Public Session at 9:01 P.M.

(EN) Motion to seal Non-Public Session Minutes of June 18, 2013.
(GL) Second. Carried 5-0.

OTHER

(EN) Motion to accept resignation of Ammy Ramsey as custodian.
(AD) Second. Carried 5-0.

(EN) Motion to approve application of Erica Anthony as Town Hall custodian at the same rate and same hours as previous custodian. (LS) Second.
Carried 4-0. (GL) Abstain.

ADJOURNMENT

(EN) Motion to adjourn. (AD) Second. Carried 5-0.

Meeting adjourned at 9:06 P.M.

Approved: July 2, 2013

_____________________________ ________________________
Lawrence Konopka, Chairman Date

I hereby certify that these Minutes were recorded by me on June 18, 2013, transcribed and publicly posted on June 24, 2013.

______________________________________________
Delores A. Fritz, Recording Secretary

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